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In 1933, the California Legislature enacted the landmark Unfair Competition Law (UCL), better known as Section 17200 of the Business and Professions Code, to allow public prosecutors and private citizens (acting for themselves or on behalf of the public as "private attorneys general") to file lawsuits to protect businesses from the unfair business practices of competitors. By the late 1970s, legislative amendments gradually expanded the law to protect consumers from any "unlawful, unfair or fraudulent business act or practice" and any "unfair, deceptive, untrue or misleading advertising."
State courts, in refusing to narrowly define what constitutes an "unfair business practice," have generally given free reign to 17200 actions, allowing the statute to be applied in almost any context. If found guilty under Section 17200, a business can be forced to disgorge all monies acquired by means of any unlawful actions.
While originally intended to protect both businesses and consumers, Section 17200, in combination with the state's "private attorney general" provisions which allow for attorneys' fees to be paid to winning lawyers have become a mother lode for trial lawyers looking to strike it rich, evidenced by the fact the state trial lawyers' association reportedly held a how-to conference last year on 17200 claims.
State and federal laws control competition by regulating activities that are considered unfair competition, such as: false advertising and promotion, misleading or deceptive trade practices, palming off, and trade dress violations. False or misleading advertising occurs when a business makes a statement, in advertising, that is either untrue or is likely to deceive the consumer as to the quality, source, origin, or endorsement of the product.
California Unfair Competition Corporate Business Claims Lawyer handling false advertising and other unfair competition claims under state (California Business and Professions Code Section 17200) and federal (Lanham Act, Federal Trade Commission Act) statutes. California Unfair Competition Corporate Business Claims Lawyer can regularly counsel their clients if necessary, on a wide range of issues related to false advertising, including deceptive trade practices, misleading promotions and trade dress violations, and regularly litigate these issues in state and federal court.
California Unfair Competition Corporate Business Claims Lawyer represents clients throughout California, the United States, and the world. If you have been the victim or have been accused of unfair competition, contact California Unfair Competition Corporate Business Claims Lawyer for a consultation.
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